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In 2012, ICCA launched a series of workshops for judges on the New York Convention known as the “New York Convention Roadshow”. This initiative recognizes the dependence of international arbitration practice on the critical role of national court judges in applying the New York Convention. With 157 contracting States and more than 2000 court decisions interpreting and applying the Convention published in ICCA's Yearbook Commercial Arbitration, the New York Convention is rightly considered to be the legal cornerstone of international commercial arbitration.

ICCA's workshops are led by the ICCA Judicial Committee and organised with the assistance of Young ICCA. Each event is tailored to take account of national and regional legal practice, taking note of the specific challenges national judges face in resolving requests by parties to apply the Convention.

Officially launched in Mauritius in May 2012, the workshops make extensive use of ICCA’s “Guide to the Interpretation of the 1958 New York Convention” (now available in multiple languages, complimentary copies of which are provided to participating judges) and of the New York Convention website (an initiative of Professor Albert Jan van den Berg and Marike Paulsson to accompany classes at the University of Miami).

 
Past Judicial Workshops 2017


SECOND CAIRO NEW YORK CONVENTION ROADSHOW

By Dr. Ismail Selim, Director of CRCICA

On 2 December 2017, the Cairo Regional Centre for International Commercial Arbitration (CRCICA) hosted its second New York Convention (NYC) Roadshow in cooperation with ICCA and the National Centre for Judicial Studies. The event took place at the CRCICA Conference Centre in Cairo, Egypt.

The event was attended by 47 Egyptian judges from the Egyptian Court of Cassation, the Cairo Court of Appeal and the Conseil d’Etat, in addition to public prosecutors.

Discussions were led by ten arbitration practitioners (seven of which are/were settings judges): Judge Mohamed Amin El Mahdy (former Chief Justice of the Egyptian Conseil d’Etat), Judge Omar Hafiz, Vice- Minister of Justice for the National Center for Judicial Studies, Judge Mustafa Al-Behbitty (Vice- Minister of Justice for Arbitration Department Affairs), Prof. Dr. Ahmed S. El Kosheri (Founding Partner, Kosheri, Rashed and Riad, Cairo-Egypt and Advisory Member of ICCA), Prof. Dr. Borham Attallah (Civil Law Professor, Faculty of Law, Alexandria University), Judge Borhan Amrallah (former President of the Cairo Court of Appeal), Judge Nabil Omran (Vice-President of the Court of Cassation); Judge Ismail Al-Ziady (Head of the Commercial Circuit No 7 at Cairo Court of Appeal), ICCA Governing Board member, Dr. Mohamed Abdel Raouf (Head of Arbitration at Abdelraouf Law Firm) in addition to Dr. Ismail Selim (CRCICA Director and Secretary Treasurer of the IFCAI).

The program of the one day event commenced with opening speeches followed by three sessions.  The first session included an overview of the New York Convention, its objectives, means of interpretation and salient comparative judicial application. The second session addressed the role of the Arbitration Department within the Ministry of Justice in the enforcement of the arbitration awards guided by the New York Convention. The third session focused on the role of the national judge in the international arbitration process from the perspectives of both practitioners and judges.    

The sessions were followed by three panel-led discussions.  The first panel covered Article I to IV of the New York Convention, the second focused on Article V of the New York Convention and the third panel discussed Article VII of the New York Convention,  with special emphasis on the relationship between the New York Convention and the Riyadh Convention of 1983; and the fourth session discussed the enforcement of foreign arbitral awards set aside at the seat of arbitration.

The texts of the New York Convention, the Egyptian Arbitration Law, the relevant provisions of the Egyptian law on civil procedure, as well as the Arabic version of ICCA’s Guide to the Interpretation of the 1958 New York Convention (available to download at http://www.arbitration-icca.org/publications/NYC_Guide.html) were made available to participants, in addition to five relevant judgments rendered by the Egyptian Court of Cassation and the Cairo Court of Appeal and three doctrinal articles regarding the application of the NYC.

Participants agreed that the Roadshow was a great success, and it generated interesting discussions on topics such as the scope of discretion entrusted to national judges in enforcing arbitral awards while one or more of the causes of refusal of enforcement exist; the importance of having a harmonized application of the provisions of the New York Convention in accordance with the standards and principles of interpretation of international law; the public policy defence under the New York Convention; and an analysis of the position of the French and American courts regarding the enforcement of arbitral awards that have been set aside at the seat. 

CRCICA expresses its thanks to Judge Nabil Omran for his all-encompassing PowerPoint presentation and discussions. CRCICA also acknowledges the high quality of the stimulating discussions conducted by Prof. Dr. Ahmed S. El Kosheri,  Judge Borhan Amrallah, Prof. Dr. Borham Attallah, Dr. Mohamed Abdel Raouf and Judge Ismail Al-Ziady. CRCICA also expresses its gratitude to Judge Mustapha Al-Behbitty for his presentation and clarification of the role played by the arbitration department within the Ministry of Justice (mainly related to the regulation of the procedures for depositing the arbitration awards with the competent court, and is not intended to impose supervision upon judges when subsequently deciding upon the enforcement of awards). Further, CRCICA thanks the Co-organizers, Dr. Mohamed Abdel Raouf (ICCA Governing Board member) & Judge Omar Hafiz (Vice Minister of Justice for the National Center for Judicial Studies) for their tremendous efforts in successfully conducting the second Cairo NYC Roadshow.


New York Convention Roadshow: São Paulo, Brazil 26 October 2017

In October 2017, the University of Sao Paolo (USP) hosted a judicial dialogue in Sao Paolo featuring Brazilian justices Loureiro and Sacramone, both well versed in international arbitration and the New York Convention, in an open dialogue with a diverse audience of academics, students and lawyers. The dialogue was live-streamed on television and will be preserved in podcast form in order to continue to inspire the judiciary in Latin America. 


The event marked the first time that ICCA organized a judicial dialogue in conjunction with a conference of the Global Legal Institute for Peace (GLIP), and participants included Mexican Ambassador to Brazil Beatriz Paredes, former Bolivian president Carlos de Mesa and the Permanent Court of Arbitration (PCA). Comments from President of USP Professor Dr. Marco Antonio Zago emphasized that USP works welcomes efforts that go beyond its own walls. Professor Claudio Finkelstein of USP confirmed that: “The São Paulo ICCA Judicial Dialogue turned out to be an excellent opportunity for students and practitioners to learn about legal issues related to the enforcement of foreign Arbitral Decisions within Brazilian territory, with practical and theoretical insights, from both judges and professors.” Speakers at the event included Luke Sobota of Three Crowns and the University of Miami, Mexican practitioner and academic Francisco Gonzalez de Cossio, ICCA Governing Board Member Adriana Braghetta of L.O. Baptista, and Brazilian justices Loureiro and Sacramone. The interactive discussion addressed questions around public policy, the pressure of a court docket, annulment issues and suggestions on how the NYC can continue to thrive as a legal framework.


The final part of the dialogue, presented by co-organizer Marike Paulsson and PCA legal counsel Túlio Di Giacomo Toledo, commemorated the longstanding and fruitful relationship between ICCA and the PCA and their joint efforts in promoting ICCA’s NYC Guide, which is now available in 20 languages. The Brazilian version of the Guide was presented by Di Giacomo Toledo and Paulsson to Justice Sacramone at the closing of the event.


NYC Roadshow in Quito, Ecuador, 23 February 2017

Judicial Dialogue on the 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”)

On 23 February 2017, a Judicial dialogue on the 1958 New York Convention was held in Quito, Ecuador at the Judiciary Council. The event was attended by 35 judges of the provincial courts of Ecuador. Speakers were Julieta Ovalle, Eduardo Siqueiros, Marcelo Torres, and Alvaro Galindo. 

Director of the Judiciary Academy of Ecuador, Ms Patricia Andrade explained the importance of creating awareness of the New York Convention among local judges:

“The General Organic Code of Processes is a body of legislation that transformed the Ecuadorian procedural system in non-criminal matters, which has implemented orality as its most remarkable principle. This profound element of transformation of the system demands an unprecedented amount of academic training in Ecuador. It is for this reason that the Judiciary Academy partnered with ICCA for both appellate level judges and instructors of the Judiciary Academy participate in the International Roadshow "Convention for the Recognition and Enforcement of Foreign Arbitral Awards – the New York Convention", which was presented by ICCA to contribute to the awareness and correct application and interpretation of the Convention, in accordance with the best international practices included in the General Organic Code of Process.”

The event was a great success thanks to the active participation of the judges and good quality presentations delivered by the speakers. We invite you to visit our New York Convention Roadshow Photo Gallery for pictures of the event.